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    Anaheim, California

    California Builders Right To Repair Current Law Summary:

    Current Law Summary: SB800 (codified as Civil Code §§895, et seq) is the most far-reaching, complex law regulating construction defect litigation, right to repair, warranty obligations and maintenance requirements transference in the country. In essence, to afford protection against frivolous lawsuits, builders shall do all the following:A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses.A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder can demonstrate any of the following affirmative defenses in response to a claimed violation:

    Construction Expert Witness Contractors Licensing
    Guidelines Anaheim California

    Commercial and Residential Contractors License Required.

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501

    Building Industry Association Southern California
    Local # 0532
    17744 Sky Park Circle Suite 170
    Irvine, CA 92614

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355

    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535

    Construction Expert Witness News and Information
    For Anaheim California

    “Freelance Isn’t Free” New Regulations Adopted in New York City Requiring Written Contracts with Independent Contractors

    Treasure Island Sues Beach Trail Designer over Concrete Defects

    Newmeyer & Dillion Attorneys Listed in the Best Lawyers in America© 2017

    Another Colorado District Court Refuses to Apply HB 10-1394 Retroactively

    Excess Carrier's Declaratory Judgment Action Stayed While Underlying Case Still Pending

    General Contractor’s Intentionally False Certifications Bar It From Any Recovery From Owner

    Insurers' Motion to Knock Out Bad Faith, Negligent Misrepresentation Claims in Construction Defect Case Denied

    Less Than Perfectly Drafted Endorsement Bars Flood Coverage

    PATH Station Designed by Architect Known for Beautiful Structures, Defects, and Cost Overruns

    U.S. Architecture Firms’ Billing Index Faster in Dec.

    The ARC and The Covenants

    How is Negotiating a Construction Contract Like Buying a Car?

    Signed, Sealed and (Almost) Delivered: EU Council Authorizes Signing of U.S. – EU Bilateral Insurance Agreement

    Steps to Defending against Construction Defect Lawsuits

    Construction Defects Lead to Demolition

    California Construction Bill Dies in Committee

    Gain in Home Building Points to Sustained U.S. Growth

    Commonwealth Court Holds That Award of Attorney's Fees and Penalties is Mandatory Under the Procurement Code Upon a Finding of Bad Faith

    Condominium Association Wins $5 Million Judgment against Developer

    Indictments Issued in Las Vegas HOA Scam

    Changing Course Midstream Did Not Work in River Dredging Project

    New Jersey Supreme Court Issue Important Decision for Homeowners and Contractors

    Skyline Bling: A $430 Million Hairpin Tower and Other Naked Bids for Tourism

    Supreme Court of Idaho Rules That Substantial Compliance With the Notice and Opportunity to Repair Act Suffices to Bring Suit

    New Jersey Construction Company Owner and Employees Arrested for Fraud

    KB Homes Sues Condo Buyers over Alleged Cybersquatting and Hacking

    Product Liability Alert: “Sophisticated User” Defense Not Available by Showing Existence of a “Sophisticated Intermediary”

    Colorado Senate Voted to Kill One of Three Construction Defect Bills


    City Sues over Leaking Sewer System

    School District Settles Construction Lawsuit

    Contractor Beware: Design-Build Firms Must Review Washington’s Licensing Requirements

    Hollywood Legend Betty Grable’s Former Home for Sale

    Read Her Lips: “No New Buildings”

    Additional Insured Not Entitled to Coverage for Post-Completion Defects

    Construction Defects could become Issue in Governor’s Race

    Coverage Denied for Faulty Blasting and Improper Fill

    Sensors for Smarter Construction – Interview with Laura Kassovic of MbientLab

    Superior Court Of Pennsylvania Holds That CASPA Does Not Allow For Individual Claims Against A Property Owner’s Principals Or Shareholders

    Senate Bill 15-091 Passes Out of the Senate State, Veterans & Military Affairs Committee

    Workers Compensation Immunity and the Intentional Tort Exception

    California Insurance Commissioner Lacks Authority to Regulate Formula for Estimating Replacement Cost Value

    Hundreds of Snakes Discovered in Santa Ana Home

    Millennials Skip the Ring and Mortgage

    Colorado Adopts Twombly-Iqbal “Plausibility” Standard

    Construction Defect Notice in the Mailbox? Respond Appropriately

    Digitalizing the Construction Site – Interview with Tenderfield’s Jason Kamha

    How to Get Your Bedroom Into the Met Museum

    Damron Agreement Questioned in Colorado Casualty Insurance v Safety Control Company, et al.

    Client Alert: California’s Unfair Competition Law (B&P §17200) Preempted by Federal Workplace Safety Law
    Corporate Profile


    Leveraging from approximately five thousand construction defect and claims related expert designations, the Anaheim, California Construction Expert Directory provides a wide spectrum of trial support and consulting services to legal professionals and construction practice groups seeking effective resolution of construction defect and claims litigation. BHA provides construction claims investigation and expert services to the building industry's most recognizable companies, insurers, risk managers, and a variety of municipalities. In connection with in house personnel which comprise design experts, civil / structural engineers, ICC Certified Inspectors, ASPE certified professional estimators, the firm brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California ada design expert witnessAnaheim California construction expert witness consultantAnaheim California engineering consultantAnaheim California testifying construction expert witnessAnaheim California construction defect expert witnessAnaheim California consulting general contractorAnaheim California structural concrete expert
    Construction Expert Witness News & Info
    Anaheim, California

    Delaware Supreme Court Choice of Law Ruling Vacates a $13.7 Million Verdict Against Travelers

    August 07, 2018 —
    On July 16, 2018, the Delaware Supreme Court held in Travelers Indemnity Company v. CNH Industrial America, LLC, No. 420, 2017 (Del. Jul. 16, 2018), that a court’s choice of law inquiry in an insurance coverage dispute should focus on the contacts most relevant to the insurance contract rather than the location of the underlying claims. In Travelers, CNH Industrial America, LLC (CNH), sought coverage for asbestos liabilities associated with J.I. Case, Inc., a subsidiary it had acquired, under policies issued to J.I. Case and its former parent company, Tenneco, Inc. The issue before the Delaware Supreme Court was whether the anti-assignment clause in three Travelers policies issued to Tenneco, Inc. precluded the assignment of the policies to CNH. The validity of the assignment turned on which state’s law governed the dispute. (Under Wisconsin law, the parties agreed that the assignment was valid, while under Texas law, the parties agreed the assignment was invalid.) Reprinted courtesy of Gregory Capps, White and Williams LLP and Zachery Roth, White and Williams LLP Mr. Capps may be contacted at Mr. Roth may be contacted at Read the court decision
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    Supreme Court Finds Insurance Coverage for Intentional (and Despicable) Act of Contractor’s Employee

    July 21, 2018 —
    Not to cast shade on your fun in the sun, but here’s an unusual, albeit sad and creepy, one for you. I’m bummed even writing about this one. In Liberty Surplus Insurance Corporation v. Ledesma & Meyer Construction Company, Inc., Case No. S236765 (June 4, 2018), the California Supreme Court addressed whether a general contractor’s commercial general liability carrier was obligated to defend and whether the carrier was liable for damages sustained by a young girl who was molested by an employee of the general contractor during construction at a school. At issue was whether the policy’s definition of an “occurrence,” which was defined, like most policies, as “an accident,” was triggered by the “intentional” and clearly not accidental act of the general contractor’s employee. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
    Mr. Murai may be contacted at

    Let it Shine: California Mandates Rooftop Solar for New Residential Construction

    May 16, 2018 —
    California. Birthplace of the Frisbee, skateboard, television, canned tuna and (yup) fortune cookies has added another first to the list: California has become the first state in the nation to mandate the use of solar panels for new residential construction. On May 9, 2018, the California Energy Commission (CEC) unanimously approved the state’s 2019 Building Energy Efficiency Standards. The 2019 Energy Efficiency Standards update the California Building Standards Codes found at Title 24 of the California Code of Regulations which are updated every three years. The 2019 Energy Efficiency Standards go into effect on January 1, 2020. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at

    Top 10 Hurricane Preparedness Practices for Construction Sites

    September 25, 2018 —
    Last year, the National Oceanic and Atmospheric Administration (NOAA) recorded that the North Atlantic saw the third highest number of major hurricanes to date. North America alone saw three tropical storms and four hurricanes make landfall, the most since 2005. As the 2018 hurricane season takes shape (running from June 1 to Nov. 30), it’s imperative to begin construction site hurricane planning efforts early and to be as prepared as possible prior to any storm. Preparing for a storm can help ensure the safety of not only project and onsite teams, but also of the surrounding communities. 1. DEVELOP AND REVIEW A HURRICANE PREPAREDNESS AND SAFETY PLAN Prior to hurricane season, make sure the project contractor has provided the team with a hurricane preparedness and safety plan. Review this plan with the entire team and the owner. This document outlines the exact timeline and steps the contractor will take to safely secure the project site in the event of a storm. The integrated process is especially important when dealing with renovation projects, exterior upgrades or projects that connect new construction to existing facilities. Reprinted courtesy of Andrew Gilbert, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Mr. Gilbert may be contacted at

    Builders Beware: Smart Homes Under Attack by “Hide ‘N Seek” Botnet

    October 30, 2018 —
    German manufacturer eQ-3 has found itself under siege by a botnet known as "Hide 'N Seek." This pernicious malware has infected tens of thousands of eQ-3's smart home devices by compromising the device's central control unit. Once a device has been infected, the malware spreads to other Internet of Things ("IoT") devices connected to the same wireless network. IoT devices have become the prime target for botnet attacks. As opposed to computers, laptops, or other larger computing devices, the smaller storage capacity and lower processing power of IoT devices limit the amount and complexity of the security measures that can be installed—making them an easier target for botnets. What is a Botnet? For those unfamiliar with the term, a botnet is a network of devices infected with a malware program allowing the infector to control and/or exploit the devices. Once a suitable number of devices are infected, the person or group controlling the botnet can harness the computing power of each infected device to perform activities which were previously constrained by a single device's capabilities (i.e. DDoS attacks, spamming, cryptocurrency mining, etc.). Hide 'N Seek – History and Capabilities The Hide 'N Seek botnet first appeared in January 2018 and has since spread rapidly. Its sophisticated design and capabilities have captivated the attention of many security watchdogs and researchers. While many botnets are designed to be "quick and dirty" (i.e. infect a few devices, eke out a little profit, and inevitably be cleared out or rendered ineffective by security updates and fixes), Hide 'N Seek was designed to maintain itself in the host's system indefinitely. When it was first released, Hide 'N Seek primarily targeted certain routers and internet-enabled security cameras; however, it has now began targeting digital video recorders, database servers, and most recently, smart home hubs. Hide 'N Seek's communication capabilities are also more advanced than previous botnets. Previous botnets relied on existing communications protocols to communicate with other another, but Hide 'N Seek uses a custom-built peer-to-peer system to communicate. This advancement allows Hide 'N Seek to spread more rapidly than previous botnets. Hide 'N Seek is also capable of extracting a device owner's personal information (i.e. name, address, e-mail, telephone numbers, etc.) whereas previous botnets were not. Most importantly, Hide 'N Seek is consistently updated to increase its infection rate, decrease its detection probability, and bypass any security measures designed to detect and remove it from the system. This modularity has proved to be Hide 'N Seek's greatest strength. Protecting Against Hide 'N Seek and Other Botnets While many of the precautions will undoubtedly come from the device manufactures vis-à-vis software programming and updates, homebuilders can still take some precautions to protect their customers.
    1. When selecting a smart home system to incorporate into a home's construction, be sure to evaluate its security features including, but not limited to its: wireless connectivity, password/passphrase requirements, interconnectedness with other IoT devices, etc. Third-party reviews from tech-oriented outlets will likely have useful information on a device's security measures, vulnerabilities, and any recent security compromises.
    2. Be vigilant in installing any eQ-3 smart home systems. The extent of the damage caused by Hide 'N Seek botnet remains unknown, as does damage from other potentially-infected technology. Thus, it may be prudent to avoid installing any eQ-3 device until it becomes evident that the threat has been neutralized and all security vulnerabilities have been remedied.
    3. If a builder uses technology other than eQ-3, precautions must be taken. Ensure that technology providers are thoroughly researched. It is also recommended to include strong contractual indemnity provisions, and require vendors to carry cyber-specific insurance policies.
    4. Homebuilders should consider purchasing their own stand alone cyber liability policies as a safety net, should potential exposure arise.
    Scott Satkin and Amtoj Randhawa are associates in the Cybersecurity group of Newmeyer & Dillion. Focused on helping clients navigate the legal dispute implications of cybersecurity, they advise businesses on implementing and adopting proactive measures to prevent and neutralize cybersecurity threats. For questions on how they can help, contact Scott at and Amtoj at Read the court decision
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    Florida Project Could Help Address Runoff, Algae Blooms

    September 17, 2018 —
    Heavy rainfall this spring overwhelmed Everglades infrastructure and required operators to discharge nutrient-laden water from Lake Okeechobee to South Florida’s east and west coasts. The resulting toxic algal blooms are fouling Florida’s coast, killing wildlife, driving away vacationers and local beachgoers and threatening public health. Read the court decision
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    Reprinted courtesy of Thomas F. Armistead, ENR
    ENR may be contacted at

    Part I: Key Provisions of School Facility Construction & Design Contracts

    May 16, 2018 —
    We all expect our school construction projects will go smoothly, on time and under budget. But despite our best efforts, some projects will encounter speed bumps, detours or outright roadblocks. While there are many precautions a school facility manager may take, one of the best precautions is to have solid construction and design contracts. A good contract will account for the known risks and specify an outcome in favor of the school authority. School construction risks can be categorized into a few categories: performance risk, time risk, cost risk and political risk. Some risks are typical to all construction projects, while others are peculiar to the unique needs of school authorities. Read the court decision
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    Reprinted courtesy of David R. Cook Jr., Autry, Hall & Cook, LLP
    Mr. Cook may be contacted at

    Governor Murphy Approves Legislation Implementing Public-Private Partnerships in New Jersey

    August 28, 2018 —
    On Tuesday, August 14, 2018, New Jersey Governor Phil Murphy signed Senate Bill S-865, creating the state’s new Public-Private Partnership (PPP) law, making New Jersey the latest state to embrace this burgeoning delivery system for the construction of public infrastructure projects. The new law goes into effect 180 days from today. Peckar & Abramson (P&A) has teamed with both The Associated Construction Contractors of New Jersey (ACCNJ) and the Association for the Improvement of American Infrastructure (AIAI) who have been at the forefront in promoting this landmark legislation. P&A anticipates that the new law will create multiple opportunities for much needed public building and infrastructure projects in the state. In our recent Client Alert (June 29, 2018), we highlighted the numerous opportunities that will be available as a result of the PPP legislation, notably for the delivery of projects that may not have otherwise come to fruition. Reprinted courtesy of Steven M. Charney, Peckar & Abramson, P.C. and Charles F. Kenny, Peckar & Abramson, P.C. Mr. Charney may be contacted at Mr. Kenny may be contacted at Read the court decision
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    Reprinted courtesy of